Legal Question in Workers Comp in California

Filing a workers' compensation stress claim against an employer

Generally, a claim for psychiatric injury (commonly referred to as a "stress claim") cannot be filed unless you have been employed at a company for at least six months. However, there are several exceptions. First of all, if your injury is brought on by a "sudden, extraordinary event" (e.g. a robbery or witnessing a co-worker being killed) the six month time requirement does not apply. Also, if your supervisor's harassment is sexual or racial in nature, the six month requirement is not required. You should also be aware that in cases of sexual and/or racial harassment, you may have other possible claims under state and federal law.